Interview Status(Pending Supervisor Review)

D

dzhao1

Registered Users (C)
My case was almost perfect until I went into the last stage -- the citizenship interview.
My case is as follows:
My GC date: 9/29/2005
Citizenship application accepted: 6/30/2010
FP Biometrics passed
Citizenship interview: 9/14/2010
Info Pass:10/13

My nightmare started the moment I begun interview. The officer told me immediately that the USCIS rule stipulates I submit the application within 90 days of my eligible date 9/29/2010. And she calculated my priority date 6/30/2010 -- 91 days ahead. She said she have spoken with the supervisor and probably will reject me.

Needless to say I was surprised and angry. I argued that I have submitted my application earlier and was rejected. The rejection notice says:
“In the case of an applicant subject to a requirement of continuous residence under section316(1) or 319(a), the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.”

So clearly USCIS is using the 3 months rule in some places. Moreover, USCIS already accepted my application. Why I have to pay for something not my fault?

Still we went through the rest of the process. I passed the tests. At the end, her stands seem softened a little and she gave me a N-652 with
USCIS will send you a written decision about your application
checked.

40+ days have passed. I did an InfoPass and found that my case was "Under Supervisor Review".

My question are:
1. is there anyway to reach them to speed up my case review? It's not a name check. There's no rock science involved in figuring out a yes or no answer. I would rather get a rejection and reapply than waiting in this endless limbo.
2. i am thinking of writing to my senator to her help. She helped me greatly on my FBI name check during my gc application. Is it good or bad?

Anything else I can do to speed up my process?

I was planning a trip back to China to check my sick parents. I am beyond angry at this moment.

Thanks.
 
This happens a lot and rfortunately no one can do anything about it. That is why here in trhis forum countless posts emphasize that onje should
even use 85 day rule to allow room.

I personally think you better just re-apply. USCIS has to enforce this 90 day rule strictly otherwise 90 day rule would become 91 day ryle, then
92 day rule , and eventuualy become no rule at all
 
You are guaranteed to be rejected. You are outside the 90-day limit. Withdraw and reapply, instead of wasting time by waiting and waiting.
 
Do you know how to withdraw?
Can I just send another application? Just to vent my anger, why they accept my application and waste two months and tell me at the end?
Thanks!
 
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dzhao1 said:
So clearly USCIS is using the 3 months rule in some places. Moreover, USCIS already accepted my application. Why I have to pay for something not my fault?
Click to expand...
It's not 3 calendar months as you thought it was. 3 months is 90 days per rule. How could you be mad at USCIS if the mistake is yours?
 
My point is they accepted my application, gave me a priority date and having me go to biometrics. Why is it not their fault? Why have me go through all these process and reject me at the end? And in the receipt it just states 3 months. Any reasonable person would interpret it otherwise. And even if they want to reject me, just reject me. Don't let me wait for 1+ month and give me pending review crap. Put yourself in my shoes you would be angry too.

Any way, agruing won't help my case at all.
I just want to know how to withdraw.
 
Last edited by a moderator:
dzhao1 said:
My point is they accepted my application, gave me a priority date and having me go to biometrics. Why is it not their fault? Why have me go through all these process and reject me at the end? And in the receipt it just states 3 months. Any reasonable person would interpret it otherwise. And even if they want to reject me, just reject me. Don't let me wait for 1+ month and give me pending review crap. Put yourself in my shoes you would be angry too.

Any way, agruing won't help my case at all.
I just want to know how to withdraw.
Click to expand...
Eligibility (including continuous residence) is determined at the interview, hence why they made you go through process. The fact is you didn't educate yourself enough on the naturalization process and now blame USCIS for your mistake. Had I applied only to be denied based on my own mistake or interpretation of the rules, then I have only myself to blame. Anyways, what's done is done. You would withdraw application by sending in a request by mail to USCIS stating you want to withdraw your application.
 
dzhao1 said:
My point is they accepted my application, gave me a priority date and having me go to biometrics. Why is it not their fault? Why have me go through all these process and reject me at the end? And in the receipt it just states 3 months. Any reasonable person would interpret it otherwise.
Click to expand...
The N-400 instructions and the Guide to Naturalization both say 90 days.

And even if they want to reject me, just reject me. Don't let me wait for 1+ month and give me pending review crap.
Click to expand...
Yes, the reason for this denial is so obvious, they should have mailed out the denial letter within 24 hours after the interview instead of making you wait.

Put yourself in my shoes you would be angry too.
Click to expand...
I would be angry with myself.

Haste makes waste.
 
Dzhao1
Theres no one to blame but yourself, Uscis does things their way and on their time, they dont have to calculate when you get your greencard and what date you send in your N400 to make sure you are within their requirement ( until at your interview),THATS YOUR JOB!!!!. you need to remember is people opening your application package not computer/machine, those people probaly just make sure that your application is filled out and signed correctly, all fees are correct, copy of greencard, pictures etc are enclosed, and people makes mistakes all the time.How hard was it to wait an extra 5 or 10 days after your 90 day.Remember this is not just about giving citizenship to greencard holders but its also a money buisness!!!!
 
well, i guess i have myself to blame.
But why they don't deny right away and have the status pending Supervisor Review?
Doesn't Supervisor Review mean that the officer already approved and sending supervisor for review?
A slice of hope and then denial is worse than just deny it.
 
Bobsmyth said:
You would withdraw application by sending in a request by mail to USCIS stating you want to withdraw your application.
Click to expand...
Do I have to wait for the ackowledgement of the withdrawal before I reapply?
Sorry if I look like trying to beat the system. I want to get it done and visit my parents.
Thanks.
 
There is no restrictions in you visiting your parents for a short trip ... whether you are awaiting the final closure of this case, or just after filing the new one.

I know you are anxious to get it behind you, but you have to play by the rules. If you file now, without a denial or withdrawal, the clerk entering your information is going to reject it as long as there is an active N400 file already in the system. Try INFOPASS, phone call and other methods to determine the status and ask to expeditiously withdraw the case.
 
sanjoseaug20 said:
Try INFOPASS, phone call and other methods to determine the status and ask to expeditiously withdraw the case.
Click to expand...
I tried info pass and the answer is pending supervisor review. They should just rejected me right away should they? What are reviewing about?
 
dzhao1 said:
Do I have to wait for the ackowledgement of the withdrawal before I reapply?
Sorry if I look like trying to beat the system. I want to get it done and visit my parents.
Thanks.
Click to expand...
Likely since the calculation is borderline in your case, they needed a supervisor to double check before denying case or the IO who interviewed you isn't authorized to deny cases. You can still visit your parents during the naturalization process.
 
dzhao1 said:
But why they don't deny right away and have the status pending Supervisor Review?.
Click to expand...

I guess the IO has no right to reject without supervisor's signing off. Even when it is balck and white, still the IO need supervisor signing off as formality.
 
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And that takes 40 days?
Nothing against you guys, a large part of this incidence is due to my own fault.
But still, if you bought a cloth from Macy's and later on they found out that oops, the label is misplaced and they charged 1 $ less.
Will they call you up and say, sorry, but you have to return the cloth? And by the way, the money is not refunded..

Maybe that's not a right analog. Maybe we are just not as important to them as customers.

I'll reapply.. Better than the uncertainty..
 
dzhao1 said:
And that takes 40 days?

Maybe that's not a right analog. Maybe we are just not as important to them as customers.
Click to expand...

Yes, it can take 40 days in some cases. You can file a case against them after 120 days, but until then, you have to humor them.

Customers? No wonder you are posting here ... once you set your expectations right, I think you will find life much easier. You are a civilian, they are the government.

To give you a better analogy.

So you picked up Macy's Thanksgiving sale advertisement and saw an item on discount. Exactly what you wanted, at the right price. You went to the store and found what you wanted. Lucky for you, the crowds are not so maddening, you think it is probably because of recession. However, at the checkout counter, you are told this is still not the day after Thanksgiving, but the day before. You insist that it is the day after. The clerk goes to call the supervisor, and it has been 10 minutes since he has gone. Now you do not know whether to wait for the supervisor or leave. Because the clerk already ran your credit card, and he needs to come back to cancel the transaction. Should you leave? Should you wait more? Is 2 minutes the right time to call the Supervisor, or 30 minutes? What if the clerk and supervisor are working with their headquarters to get you an exception (unlikely)?
 
dzhao1 said:
And that takes 40 days?
Nothing against you guys, a large part of this incidence is due to my own fault.
But still, if you bought a cloth from Macy's and later on they found out that oops, the label is misplaced and they charged 1 $ less.
Will they call you up and say, sorry, but you have to return the cloth? And by the way, the money is not refunded..

Maybe that's not a right analog. Maybe we are just not as important to them as customers.

I'll reapply.. Better than the uncertainty..
Click to expand...

I agree with you that USCIS should stress in N400 instructions that 90 day rule is not 3 month rule since so many people make such a mistake.

But right now it is totally useless who to blame. Unless you want to file a lawsuits to get your application fee back, the only thing that you can and should
do is to re-apply
 
Is there a withdraw letter template? And who should the letter be addressed to?
And I just stumbled upon this thread(kicking myself for not reading it earlier)
forums.immigration.com/showthread.php?315583-HELP-need-to-withdraw-N-400-for-applying-too-early-!/page2
Still it didn't mention a template or who it should go to.

Thanks for everyone's help!
 
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